4 Ways VA Can Reduce a Permanent and Total (P&T) Rating

CCK Law: Our Vital Role in Veterans Law

A Permanent and Total (P&T) rating designation generally means the Department of Veterans Affairs (VA) does not expect a veteran’s condition to improve and will not schedule future routine examinations. However, this does not mean a P&T rating is completely immune from review and possible reduction.

In this article, you will learn about specific situations that can trigger a reduction in P&T ratings, each of which carry their own legal standard and practical risk level.

Key points of this article include:

• Being assigned a P&T rating typically means that VA will not schedule routine C&P reexaminations, which lowers the chances of that rating being reevaluated.
• Four key situations can trigger a possible P&T reduction: fraud, clear and unmistakable error (CUE), sustained material improvement of a disability, and administrative or jurisdictional issues.
• If VA wishes to reduce a P&T rating based on one of the above issues, it generally must first send the veteran notice of the proposed reduction and give them a chance to respond within 60 days.

What Is a Permanent and Total (P&T) Rating?

A Permanent and Total (P&T) rating is a designation VA assigns when a veteran’s service-connected conditions are rated as totally disabling and are not expected to improve.

Under 38 CFR § 3.340, VA deems a disability permanent when it is “reasonably certain to continue throughout the life of the disabled person.” Once that bar is met, VA generally stops scheduling routine Compensation and Pension (C&P) reexaminations for the condition, which in turn limits the possibility of future reduction.

“Permanent and Total, often called ‘P&T’, is a very strong protection,” says Robert Chisholm, founding partner at CCK Law. “It usually means VA does not expect your condition to improve and does not plan future examinations. However, ‘usually’ does not mean ‘always.’ There are limited situations where VA can still propose a reduction, and veterans should know what those triggers are.”

How Do I Know If My Rating Is Permanent and Total?

• Review Decision Letters: Look for language such as “No future exams are scheduled,” “Permanent and Total” (P&T), or statements verifying eligibility for Dependents Educational Assistance (Chapter 35) or CHAMPVA.
• Check Benefit Summaries: Log into the VA Benefit Summary and Verification Letter tool to view if a disability is designated as permanent.
• Request C-File: Veterans can review their internal VA code sheet; if the “Future Exam” field for a disability is blank or lists “None,” the condition is considered “static” (not expected to improve).

When Can VA Reduce a Permanent and Total (P&T) Rating?

There are four key situations where VA is permitted to propose a reduction of a P&T disability rating. While some are more common than others, all of them have a legal basis, and veterans should understand each one.

Watch CCK Law Founding Partner Robert Chisholm break down the scenarios where VA can reduce a P&T rating:

1. If the P&T Rating Was Based on Fraud

“Under 38 CFR § 3.105(d), VA can sever or reduce benefits if it believes a rating was granted based on fraud or intentional misrepresentation,” says Robert Chisholm. “In plain English, if VA claims it relied on false statements or falsified evidence, it can reopen even a Permanent and Total award.”

Generally, regulations regarding fraud arise if VA concludes that a P&T rating was granted because a veteran intentionally submitted false statements or falsified medical evidence. In cases like these, VA has authority under 38 CFR § 3.105(d) to reduce P&T benefits or sever them entirely, since veterans who committed fraud should likely never have received the P&T rating in the first place.

While fraud findings are rare, they do still happen and can apply regardless of how long a rating has been in effect (i.e., in cases where fraud is suspected, VA can reopen and revisit even a long-established P&T award).

Veterans who receive any notice suggesting fraud as a basis for a proposed reduction should treat it with the utmost urgency and respond quickly.

2. If a Clear and Unmistakable Error (CUE) Was Made

A Clear and Unmistakable Error, or CUE, is a specific legal concept in veterans law. It refers to an undebatable legal or factual error in a prior VA decision — one that, had it not occurred, would have clearly changed the outcome. VA may invoke CUE under 38 CFR § 3.105(a) to revise a final rating decision, including a P&T designation.

“VA is allowed to revise a final decision if it finds an undebatable legal or factual error,” says Robert Chisholm. “This is a very high standard. VA cannot reduce a rating just because a different reviewer disagrees with the original decision. But if VA believes the law was applied incorrectly in a way that clearly changed the outcome, it may try.”

For CUE regulations to come into play, there must be an undebatable error in how the law or facts were applied in a disability claim, and that error must have directly and materially affected the outcome.

On the other hand, veterans should understand that CUEs do not always have to be to a claim’s detriment. Instead, a veteran may also request revision of a final decision based on CUE when correcting the error would result in additional benefits.

3. If There Is Evidence of Sustained Material Improvement Under Ordinary Conditions of Life

Although P&T status typically signals that a condition is not expected to improve, VA retains the authority to propose a reduction if it receives medical evidence demonstrating that a veteran’s condition has, in fact, improved on a sustained and lasting basis. This standard is drawn from 38 CFR § 3.343 and a body of case law interpreting what “sustained improvement” actually means.

“The improvement needs to be sustained and lasting, not just a good day or a single exam,” says Robert Chisholm. “Case law such as Brown v. Brown requires VA to show a real improvement in daily functioning, not improvement caused by rest, medication, or temporary circumstances.”

In other words, a single positive C&P exam result, a temporary period of stability, or improvement tied to medication or extended rest are in most cases not enough for VA to propose a P&T reduction. Past court rulings have been clear that improvement must be genuine, consistent, and reflected in a veteran’s ability to function in day-to-day life, rather than just in a clinical setting.

4. If There Were Administrative or Jurisdictional Issues

Administrative or jurisdictional issues arise when a P&T rating may have been issued outside VA’s legal authority. For example, this might occur in cases where records were later discovered to belong to a different veteran, or where VA lacked jurisdiction to grant the benefit in the way it did.

While these situations do occur, they are generally not common and are legally distinct from circumstances involving medical improvement.

Watch CCK Law Partner Amy Odom discuss circumstances where VA can take away a veteran’s P&T rating entirely:

What Should I Do if VA Proposes to Reduce My P&T Rating?

While receiving a proposed reduction in the mail can be alarming, it is important for veterans to understand that a proposal to reduce is not a final or automatic reduction. Veterans and their representatives frequently defeat proposals to reduce before they take effect.

Under 38 CFR § 3.105(e), VA must first issue a formal notice of proposed reduction and provide the veteran with specific due process rights before any reduction takes effect.

Veterans generally have:

• 60 days to submit evidence contesting the proposed reduction.
• 30 days (within the 60-day window) to request a predetermination hearing before a separate VA official.

If a veteran does not respond within 60 days, VA may finalize the reduction. That is why it is critical to take action as early as possible.

“[A]lways request a hearing,” says Robert Chisholm. “If you do nothing, VA may finalize the reduction. But if you respond, you force VA to justify its position. So, if you receive a proposal to reduce a Permanent and Total rating, do not assume it’s correct and do not ignore it. These cases are often defensible, especially when VA overstates improvement or misapplies the law.

Veterans who disagree with a proposed reduction should gather strong medical evidence — particularly from treating physicians who are familiar with the long-term course of the condition — and submit it during the 60-day response window.

Need Help?

Frequently Asked Questions

Can P&T ratings be taken away entirely?

Yes, a P&T rating can be taken away under certain limited circumstances, including a finding of fraud or CUE. However, the threshold for complete termination is generally higher than for a simple reduction.

Even if a P&T rating is reduced, separate rating protections (e.g., the 10-year rule against severing service connection and the 20-year rule against reducing a rating below its protected level) may still apply under 38 CFR § 3.957 and 38 CFR § 3.951, respectively.

How can I tell if my rating is Permanent and Total?

There are two straightforward ways to check whether a rating is Permanent and Total:

• The first method involves logging in to a VA.gov account and downloading the VA Benefit Summary and Service Verification Letter. In the “VA Benefit Information” section, look for a statement reading: “You are considered to be totally and permanently disabled due solely to your service-connected disabilities.” Next to that statement, it will say either yes or
• The second method involves reviewing the original Rating Decision letter VA sent when granting benefits. Some decisions include a Permanent and Total box that VA checks, or language indicating that no routine future examinations are scheduled. Either of these could potentially indicate permanency.

For veterans who are still unclear on the status of their rating, it may be worth discussing with a VA-accredited representative or Veterans Service Officer (VSO).

What is the difference between a P&T rating, a 100 percent schedular rating, and a permanent rating?

A 100 percent schedular rating means the veteran’s single or combined disability evaluation reaches 100 percent based on the VA rating schedule. A P&T designation is an additional finding that the condition(s) causing the 100 percent rating are not expected to improve. A rating can be permanent without being 100 percent or total.

To emphasize, not all 100 percent ratings automatically carry P&T status. Veterans can have a 100 percent rating without the permanent designation and remain subject to routine reexaminations.

Does VA have to follow a specific process before reducing a P&T rating?

Yes, under 38 CFR § 3.105(e), VA must provide written notice of a proposed reduction and give the veteran 60 days to submit evidence and 30 days to request a predetermination hearing.

VA generally cannot implement a reduction without following this due process. If VA fails to follow these procedures, it can be grounds for reversal on appeal.

What evidence can I submit to fight a proposed P&T rating reduction?

Medical records and opinions from treating physicians familiar with the long-term nature of a condition tend to carry the most weight. The records should document the chronic, stable, or worsening character of the disability.

Veterans should also gather lay evidence describing the daily functional impact of the condition.

If the condition has been rated at its current level for five or more years, VA must show sustained improvement under 38 CFR § 3.344, which is a higher evidentiary bar for VA to clear.